Environmental flow objectives

sec.17 Performance indicators for environmental flow objectives

The performance indicators for the environmental flow objectives are— for assessing periods of low flow at a node— the number of periods of no flow of more than 1 month but less than 6 months; and the number of periods of no flow of 6 months or more; and the proportion of no flow days; and median non-zero daily flow; and for assessing periods of medium to high flow at a node— mean annual flow; and median annual flow; and 10% daily flow; and 1.5 year daily flow volume; and 5 year daily flow volume; and 20 year daily flow volume; and for assessing periods of wet season flow at a node—median wet season flow. s 17 amd 2015 SL No. 99 s 7

• (a) for assessing periods of low flow at a node— (i) the number of periods of no flow of more than 1 month but less than 6 months; and (ii) the number of periods of no flow of 6 months or more; and (iii) the proportion of no flow days; and (iv) median non-zero daily flow; and
• (i) the number of periods of no flow of more than 1 month but less than 6 months; and
• (ii) the number of periods of no flow of 6 months or more; and
• (iii) the proportion of no flow days; and
• (iv) median non-zero daily flow; and
• (b) for assessing periods of medium to high flow at a node— (i) mean annual flow; and (ii) median annual flow; and (iii) 10% daily flow; and (iv) 1.5 year daily flow volume; and (v) 5 year daily flow volume; and (vi) 20 year daily flow volume; and
• (i) mean annual flow; and
• (ii) median annual flow; and
• (iii) 10% daily flow; and
• (iv) 1.5 year daily flow volume; and
• (v) 5 year daily flow volume; and
• (vi) 20 year daily flow volume; and
• (c) for assessing periods of wet season flow at a node—median wet season flow.
• (i) the number of periods of no flow of more than 1 month but less than 6 months; and
• (ii) the number of periods of no flow of 6 months or more; and
• (iii) the proportion of no flow days; and
• (iv) median non-zero daily flow; and
• (i) mean annual flow; and
• (ii) median annual flow; and
• (iii) 10% daily flow; and
• (iv) 1.5 year daily flow volume; and
• (v) 5 year daily flow volume; and
• (vi) 20 year daily flow volume; and

sec.18 Environmental flow objectives

The environmental flow objectives for surface water in the plan area are stated in schedule 5 . s 18 amd 2015 SL No. 99 s 8

Water allocation security objectives

sec.19 Performance indicators for water allocation security objectives

The performance indicators for the water allocation security objectives for taking supplemented surface water are— annual supplemented water sharing index; and monthly supplemented water sharing index.

• (a) annual supplemented water sharing index; and
• (b) monthly supplemented water sharing index.

sec.20 Water allocation security objectives

The water allocation security objectives for supplemented surface water in the Upper Leichhardt River subcatchment area are stated in schedule 6 .

Strategies for both surface water and groundwater

Preliminary

sec.21 Application of pt 1

This part applies to both surface water and groundwater.

Section sec.22

s 22 om 2014 SL No. 142 s 114

sec.23 Matters to be considered for environmental management rules

In deciding the environmental management rules to be included in the resource operations plan, the chief executive must consider— the streamflows required to maintain the following— the longitudinal connectivity of low flow habitats throughout river systems in the plan area; the wetted habitats at riffles and other streambed features; the natural seasonality of flows and zero flows; the replenishment of refuge pools that enable movement of instream biota; groundwater flows; the contributions from aquifers to the flow of water in watercourses; the lateral connectivity between rivers in the plan area and their adjacent riverine environments, including floodplains; and the impact the taking of, or proposed taking of, or interfering with, water may have on the following— water quality; the natural movement of sediment; the bed and banks of a watercourse or lake; the inundation of habitats; the movement of fish and other aquatic animals; the recreation and aesthetic values of the plan area; cultural values including, for example, cultural values of local Aboriginal or Torres Strait Islander communities. Subsection (1) does not limit the matters the chief executive may consider. (sec.23-ssec.1) In deciding the environmental management rules to be included in the resource operations plan, the chief executive must consider— the streamflows required to maintain the following— the longitudinal connectivity of low flow habitats throughout river systems in the plan area; the wetted habitats at riffles and other streambed features; the natural seasonality of flows and zero flows; the replenishment of refuge pools that enable movement of instream biota; groundwater flows; the contributions from aquifers to the flow of water in watercourses; the lateral connectivity between rivers in the plan area and their adjacent riverine environments, including floodplains; and the impact the taking of, or proposed taking of, or interfering with, water may have on the following— water quality; the natural movement of sediment; the bed and banks of a watercourse or lake; the inundation of habitats; the movement of fish and other aquatic animals; the recreation and aesthetic values of the plan area; cultural values including, for example, cultural values of local Aboriginal or Torres Strait Islander communities. (sec.23-ssec.2) Subsection (1) does not limit the matters the chief executive may consider.

• (a) the streamflows required to maintain the following— (i) the longitudinal connectivity of low flow habitats throughout river systems in the plan area; (ii) the wetted habitats at riffles and other streambed features; (iii) the natural seasonality of flows and zero flows; (iv) the replenishment of refuge pools that enable movement of instream biota; (v) groundwater flows; (vi) the contributions from aquifers to the flow of water in watercourses; (vii) the lateral connectivity between rivers in the plan area and their adjacent riverine environments, including floodplains; and
• (i) the longitudinal connectivity of low flow habitats throughout river systems in the plan area;
• (ii) the wetted habitats at riffles and other streambed features;
• (iii) the natural seasonality of flows and zero flows;
• (iv) the replenishment of refuge pools that enable movement of instream biota;
• (v) groundwater flows;
• (vi) the contributions from aquifers to the flow of water in watercourses;
• (vii) the lateral connectivity between rivers in the plan area and their adjacent riverine environments, including floodplains; and
• (b) the impact the taking of, or proposed taking of, or interfering with, water may have on the following— (i) water quality; (ii) the natural movement of sediment; (iii) the bed and banks of a watercourse or lake; (iv) the inundation of habitats; (v) the movement of fish and other aquatic animals; (vi) the recreation and aesthetic values of the plan area; (vii) cultural values including, for example, cultural values of local Aboriginal or Torres Strait Islander communities.
• (i) water quality;
• (ii) the natural movement of sediment;
• (iii) the bed and banks of a watercourse or lake;
• (iv) the inundation of habitats;
• (v) the movement of fish and other aquatic animals;
• (vi) the recreation and aesthetic values of the plan area;
• (vii) cultural values including, for example, cultural values of local Aboriginal or Torres Strait Islander communities.
• (i) the longitudinal connectivity of low flow habitats throughout river systems in the plan area;
• (ii) the wetted habitats at riffles and other streambed features;
• (iii) the natural seasonality of flows and zero flows;
• (iv) the replenishment of refuge pools that enable movement of instream biota;
• (v) groundwater flows;
• (vi) the contributions from aquifers to the flow of water in watercourses;
• (vii) the lateral connectivity between rivers in the plan area and their adjacent riverine environments, including floodplains; and
• (i) water quality;
• (ii) the natural movement of sediment;
• (iii) the bed and banks of a watercourse or lake;
• (iv) the inundation of habitats;
• (v) the movement of fish and other aquatic animals;
• (vi) the recreation and aesthetic values of the plan area;
• (vii) cultural values including, for example, cultural values of local Aboriginal or Torres Strait Islander communities.

sec.24 Matters to be considered for water sharing rules

In deciding the water sharing rules to be included in the resource operations plan for authorisations to take water in a part of the plan area, the chief executive must consider— for rules relating to supplemented surface water— any existing water sharing rules; and the extent to which any existing water supply arrangements are linked to the natural occurrence of streamflows; and the frequency, duration, magnitude and timing of limited water availability; and for rules relating to unsupplemented surface water or groundwater— any existing water sharing arrangements; and the local availability of water that may be taken from streamflows, waterholes, bed sands or aquifers; and the conditions for taking water decided under section 75 ; and the daily volumetric limits decided under section 73 ; and the annual volumetric limits decided under section 74 or 87 ; and the impact on authorisations to take water in the plan area; and for rules relating to unsupplemented surface water in the bed sands of the Gilbert River between AMTD 317km and AMTD 263km—the water that is available for taking from the bed sands during periods when water ceases to flow over the bed sands. Subsection (1) does not limit the matters the chief executive may consider. s 24 amd 2014 SL No. 142 s 115 (sec.24-ssec.1) In deciding the water sharing rules to be included in the resource operations plan for authorisations to take water in a part of the plan area, the chief executive must consider— for rules relating to supplemented surface water— any existing water sharing rules; and the extent to which any existing water supply arrangements are linked to the natural occurrence of streamflows; and the frequency, duration, magnitude and timing of limited water availability; and for rules relating to unsupplemented surface water or groundwater— any existing water sharing arrangements; and the local availability of water that may be taken from streamflows, waterholes, bed sands or aquifers; and the conditions for taking water decided under section 75 ; and the daily volumetric limits decided under section 73 ; and the annual volumetric limits decided under section 74 or 87 ; and the impact on authorisations to take water in the plan area; and for rules relating to unsupplemented surface water in the bed sands of the Gilbert River between AMTD 317km and AMTD 263km—the water that is available for taking from the bed sands during periods when water ceases to flow over the bed sands. (sec.24-ssec.2) Subsection (1) does not limit the matters the chief executive may consider.

• (a) for rules relating to supplemented surface water— (i) any existing water sharing rules; and (ii) the extent to which any existing water supply arrangements are linked to the natural occurrence of streamflows; and (iii) the frequency, duration, magnitude and timing of limited water availability; and
• (i) any existing water sharing rules; and
• (ii) the extent to which any existing water supply arrangements are linked to the natural occurrence of streamflows; and
• (iii) the frequency, duration, magnitude and timing of limited water availability; and
• (b) for rules relating to unsupplemented surface water or groundwater— (i) any existing water sharing arrangements; and (ii) the local availability of water that may be taken from streamflows, waterholes, bed sands or aquifers; and (iii) the conditions for taking water decided under section 75 ; and (iv) the daily volumetric limits decided under section 73 ; and (v) the annual volumetric limits decided under section 74 or 87 ; and (vi) the impact on authorisations to take water in the plan area; and (vii) for rules relating to unsupplemented surface water in the bed sands of the Gilbert River between AMTD 317km and AMTD 263km—the water that is available for taking from the bed sands during periods when water ceases to flow over the bed sands.
• (i) any existing water sharing arrangements; and
• (ii) the local availability of water that may be taken from streamflows, waterholes, bed sands or aquifers; and
• (iii) the conditions for taking water decided under section 75 ; and
• (iv) the daily volumetric limits decided under section 73 ; and
• (v) the annual volumetric limits decided under section 74 or 87 ; and
• (vi) the impact on authorisations to take water in the plan area; and
• (vii) for rules relating to unsupplemented surface water in the bed sands of the Gilbert River between AMTD 317km and AMTD 263km—the water that is available for taking from the bed sands during periods when water ceases to flow over the bed sands.
• (i) any existing water sharing rules; and
• (ii) the extent to which any existing water supply arrangements are linked to the natural occurrence of streamflows; and
• (iii) the frequency, duration, magnitude and timing of limited water availability; and
• (i) any existing water sharing arrangements; and
• (ii) the local availability of water that may be taken from streamflows, waterholes, bed sands or aquifers; and
• (iii) the conditions for taking water decided under section 75 ; and
• (iv) the daily volumetric limits decided under section 73 ; and
• (v) the annual volumetric limits decided under section 74 or 87 ; and
• (vi) the impact on authorisations to take water in the plan area; and
• (vii) for rules relating to unsupplemented surface water in the bed sands of the Gilbert River between AMTD 317km and AMTD 263km—the water that is available for taking from the bed sands during periods when water ceases to flow over the bed sands.

Unallocated water

Section sec.25

s 25 om 2014 SL No. 142 s 116

Section sec.26

s 26 om 2014 SL No. 142 s 116

sec.27 Projects that may be considered to be of regional significance

The chief executive may consider a particular project to be a project of regional significance for the plan area only if the chief executive considers the project is significant for a region in the plan area, having regard to the following— the outcomes under chapter 3 ; the economic or social impact the project will have on the region; the public interest and the welfare of people in the region; any other relevant consideration.

• (a) the outcomes under chapter 3 ;
• (b) the economic or social impact the project will have on the region;
• (c) the public interest and the welfare of people in the region;
• (d) any other relevant consideration.

sec.28 Particular unallocated water held as indigenous, strategic or general reserve

Unallocated water in the plan area is held as— for the Morning Inlet, Settlement Creek and Staaten River catchment areas—an indigenous reserve or a strategic reserve; or for the Flinders River catchment, Gilbert River catchment and Gregory River subcatchment areas—an indigenous reserve, a strategic reserve or a general reserve; or for any other area—a strategic reserve or a general reserve. s 28 sub 2011 Act No. 40 s 102 ; 2015 SL No. 99 s 10

• (a) for the Morning Inlet, Settlement Creek and Staaten River catchment areas—an indigenous reserve or a strategic reserve; or
• (b) for the Flinders River catchment, Gilbert River catchment and Gregory River subcatchment areas—an indigenous reserve, a strategic reserve or a general reserve; or
• (c) for any other area—a strategic reserve or a general reserve.

sec.29 Granting unallocated water

The process for granting unallocated water is a process stated in the Water Regulation 2016 , part 2 , division 2 , subdivision 2 . s 29 sub 2015 SL No. 99 s 10 amd 2016 SL No. 216 s 146 sch 20

sec.30 Preparing and implementing process for granting unallocated water generally

In preparing and implementing the process, the chief executive must consider the following— the purpose for which the water is required; the efficiency of existing and proposed water use practices; the extent to which water in the plan area is being taken under authorisations; the availability of an alternative water supply for the purpose for which the water is required; the impact the proposed taking of, or interfering with, the water may have on existing water users in the plan area; whether the proposed taking or interfering is likely to have a direct adverse effect on groundwater flows; the matters mentioned in section 23 (1) (a) and (b) . Subsection (1) does not limit the matters the chief executive may consider. s 30 amd 2015 SL No. 99 s 11 (sec.30-ssec.1) In preparing and implementing the process, the chief executive must consider the following— the purpose for which the water is required; the efficiency of existing and proposed water use practices; the extent to which water in the plan area is being taken under authorisations; the availability of an alternative water supply for the purpose for which the water is required; the impact the proposed taking of, or interfering with, the water may have on existing water users in the plan area; whether the proposed taking or interfering is likely to have a direct adverse effect on groundwater flows; the matters mentioned in section 23 (1) (a) and (b) . (sec.30-ssec.2) Subsection (1) does not limit the matters the chief executive may consider.

• (a) the purpose for which the water is required;
• (b) the efficiency of existing and proposed water use practices;
• (c) the extent to which water in the plan area is being taken under authorisations;
• (d) the availability of an alternative water supply for the purpose for which the water is required;
• (e) the impact the proposed taking of, or interfering with, the water may have on existing water users in the plan area;
• (f) whether the proposed taking or interfering is likely to have a direct adverse effect on groundwater flows;
• (g) the matters mentioned in section 23 (1) (a) and (b) .

Section sec.31

s 31 om 2014 SL No. 142 s 117

sec.32 Purpose for which indigenous unallocated water may be granted

Unallocated water held as an indigenous reserve ( indigenous unallocated water ) may be granted only for helping indigenous communities in the Cape York Peninsula Region area, Flinders River catchment area, Gilbert River catchment area, Morning Inlet catchment area, Settlement Creek catchment area, Staaten River catchment area or the Gregory River subcatchment area to achieve their economic and social aspirations. s 32 amd 2011 Act No. 40 s 103 ; 2014 Act No. 40 s 154 sch 1 pt 3 ; 2015 SL No. 99 s 12

sec.33 Volumetric limits for indigenous unallocated water

The total of the annual volumetric limits for all water entitlements to take indigenous unallocated water from each area mentioned in schedule 6A , column 1, is stated opposite the area in column 2 of the schedule. s 33 amd 2011 Act No. 40 s 104 ; 2015 SL No. 99 s 13

sec.34 When strategic unallocated water may be granted

Unallocated water held as a strategic reserve ( strategic unallocated water ) may be granted only if it is to be taken— from Lake Mary Kathleen, for any purpose; or for a State purpose. s 34 amd 2015 SL No. 99 s 14

• (a) from Lake Mary Kathleen, for any purpose; or
• (b) for a State purpose.

sec.35 Volumetric limits for strategic unallocated water in Lake Mary Kathleen

The total of the annual volumetric limits for all water entitlements to take strategic unallocated water from Lake Mary Kathleen is stated in schedule 7 , part 1 , column 2. s 35 sub 2015 SL No. 99 s 15

sec.36 Volumetric limits for strategic unallocated water granted for State purpose

The total of the annual volumetric limits for all water entitlements to take strategic unallocated water for a State purpose in a catchment area or subcatchment area mentioned in schedule 7 , part 2 , column 1, is stated opposite the area in schedule 7 , part 2 , column 2. s 36 amd 2015 SL No. 99 s 16

sec.37 Period for which strategic unallocated water is granted for particular State purpose

This section applies to water entitlements to take strategic unallocated water for either of the following State purposes— a coordinated project; a project of regional significance. The volume of water is granted only for the life of the project and on conclusion of the project the volume of water returns to the strategic reserve. s 37 amd 2015 SL No. 99 s 17 (sec.37-ssec.1) This section applies to water entitlements to take strategic unallocated water for either of the following State purposes— a coordinated project; a project of regional significance. (sec.37-ssec.2) The volume of water is granted only for the life of the project and on conclusion of the project the volume of water returns to the strategic reserve.

• (a) a coordinated project;
• (b) a project of regional significance.

sec.38 Purpose for which general unallocated water may be granted

Unallocated water held as a general reserve ( general unallocated water ) may be granted for any purpose.

sec.39 Volumetric limits for general unallocated water

The total of the annual volumetric limits for all water entitlements to take general unallocated water from a catchment area or subcatchment area mentioned in schedule 8 , column 1, is stated opposite the area in schedule 8 , column 2. s 39 amd 2015 SL No. 99 s 18

sec.39A Condition for general unallocated water in Flinders and Gilbert River catchments

Water entitlements granted from the general reserve in the Flinders River and Gilbert River catchment areas must include— at least 1 pass flow condition; and a condition stating the transfer of water under the entitlement must be done in accordance with the group B water transfer rules. s 39A ins 2015 SL No. 99 s 19

• (a) at least 1 pass flow condition; and
• (b) a condition stating the transfer of water under the entitlement must be done in accordance with the group B water transfer rules.

Additional strategies for surface water

Preliminary

sec.40 Application of pt 2

The strategies stated in this part apply to surface water in addition to the strategies stated in part 1 .

sec.41 Decisions consistent with objectives

Decisions about the allocation or management of surface water, other than a decision about a water permit, must be consistent with— the environmental flow objectives; and the water allocation security objectives.

• (a) the environmental flow objectives; and
• (b) the water allocation security objectives.

sec.42 Assessing impact of decisions

The prescribed assessment computer program’s simulation for the simulation period is used to assess consistency with the environmental flow objectives and the water allocation security objectives. If it is not practicable to use the prescribed assessment computer program, another assessment method approved by the chief executive may be used. The chief executive may approve an assessment method for subsection (2) only if the chief executive is satisfied the method will assess consistency with the objectives at least as accurately as the prescribed assessment computer program. s 42 amd 2015 SL No. 99 s 20 (sec.42-ssec.1) The prescribed assessment computer program’s simulation for the simulation period is used to assess consistency with the environmental flow objectives and the water allocation security objectives. (sec.42-ssec.2) If it is not practicable to use the prescribed assessment computer program, another assessment method approved by the chief executive may be used. (sec.42-ssec.3) The chief executive may approve an assessment method for subsection (2) only if the chief executive is satisfied the method will assess consistency with the objectives at least as accurately as the prescribed assessment computer program.

sec.43 Limitations on interference with water

This section applies to an application, made under section 206 of the Act , for a water licence to interfere with, or increase the interference with, surface water in a watercourse, waterhole, lake or spring by impounding the flow of the water. The application may be granted only if the purpose of the proposed interference or increase in interference is— to store water for stock or domestic purposes; or to provide a pumping pool to enable water to be taken under an authorisation; or to store water for a purpose not related to the taking of water under a water entitlement; or community landscaping or retaining water for flood mitigation purposes related to the granting of unallocated water under the process stated in the Water Regulation 2016 , part 2 , division 2 , subdivision 2 ; or to provide improved security for town water supplies. Also, the application may be granted only if— the chief executive is satisfied the proposed interference or increase in interference is necessary for a purpose mentioned in subsection (2) ; and the proposed storage capacity is no greater than is necessary for the purpose of the proposed interference or increase in interference having regard to— the impact the proposed interference or increase in interference may have on the following— instream water levels; the natural movement of sediment; the bed and banks of a watercourse or lake; riparian vegetation; habitat for native plants and animals; movement of fish and other aquatic species; cultural and ecological values of the watercourse, waterhole, lake or spring; and for a purpose mentioned in subsection (2) (a) — existing water supplies for the property to which the application relates, including existing weirs, groundwater and dams taking overland flow water; and the availability of water at the proposed storage site; and for a purpose mentioned in subsection (2) (e) — the chief executive is satisfied that approving the application would not adversely impact other water users or the outcomes of the plan; and there is a demonstrated need for an increased reliability of the water supply. However, the application must not be granted if the application is for a proposed interference or increase in interference for a purpose mentioned in subsection (2) (b) or (c) and the proposed storage capacity is greater than— for a purpose mentioned in subsection (2) (b) —10ML; or for a purpose mentioned in subsection (2) (c) —250ML. If the application is for a Flinders River or Gilbert River catchment area general reserve related water licence and the application is granted, the water licence must include at least 1 pass flow condition. In this section— Flinders River or Gilbert River catchment area general reserve related water licence means a water licence to interfere with water that is related to a water entitlement to take unallocated water from the general reserve in the Flinders River or Gilbert River catchment areas. pumping pool means a pool of water near a pump in a watercourse, lake or spring that ensures the water level of the watercourse, lake or spring is appropriate to enable the pump to function properly. s 43 amd 2015 SL No. 99 s 21 ; 2016 SL No. 216 s 146 sch 20 (sec.43-ssec.1) This section applies to an application, made under section 206 of the Act , for a water licence to interfere with, or increase the interference with, surface water in a watercourse, waterhole, lake or spring by impounding the flow of the water. (sec.43-ssec.2) The application may be granted only if the purpose of the proposed interference or increase in interference is— to store water for stock or domestic purposes; or to provide a pumping pool to enable water to be taken under an authorisation; or to store water for a purpose not related to the taking of water under a water entitlement; or community landscaping or retaining water for flood mitigation purposes related to the granting of unallocated water under the process stated in the Water Regulation 2016 , part 2 , division 2 , subdivision 2 ; or to provide improved security for town water supplies. (sec.43-ssec.3) Also, the application may be granted only if— the chief executive is satisfied the proposed interference or increase in interference is necessary for a purpose mentioned in subsection (2) ; and the proposed storage capacity is no greater than is necessary for the purpose of the proposed interference or increase in interference having regard to— the impact the proposed interference or increase in interference may have on the following— instream water levels; the natural movement of sediment; the bed and banks of a watercourse or lake; riparian vegetation; habitat for native plants and animals; movement of fish and other aquatic species; cultural and ecological values of the watercourse, waterhole, lake or spring; and for a purpose mentioned in subsection (2) (a) — existing water supplies for the property to which the application relates, including existing weirs, groundwater and dams taking overland flow water; and the availability of water at the proposed storage site; and for a purpose mentioned in subsection (2) (e) — the chief executive is satisfied that approving the application would not adversely impact other water users or the outcomes of the plan; and there is a demonstrated need for an increased reliability of the water supply. (sec.43-ssec.4) However, the application must not be granted if the application is for a proposed interference or increase in interference for a purpose mentioned in subsection (2) (b) or (c) and the proposed storage capacity is greater than— for a purpose mentioned in subsection (2) (b) —10ML; or for a purpose mentioned in subsection (2) (c) —250ML. (sec.43-ssec.5) If the application is for a Flinders River or Gilbert River catchment area general reserve related water licence and the application is granted, the water licence must include at least 1 pass flow condition. (sec.43-ssec.6) In this section— Flinders River or Gilbert River catchment area general reserve related water licence means a water licence to interfere with water that is related to a water entitlement to take unallocated water from the general reserve in the Flinders River or Gilbert River catchment areas. pumping pool means a pool of water near a pump in a watercourse, lake or spring that ensures the water level of the watercourse, lake or spring is appropriate to enable the pump to function properly.

• (a) to store water for stock or domestic purposes; or
• (b) to provide a pumping pool to enable water to be taken under an authorisation; or
• (c) to store water for a purpose not related to the taking of water under a water entitlement; or Examples of a purpose for subsection (2) (c) — community landscaping or retaining water for flood mitigation purposes
• (d) related to the granting of unallocated water under the process stated in the Water Regulation 2016 , part 2 , division 2 , subdivision 2 ; or
• (e) to provide improved security for town water supplies.
• (a) the chief executive is satisfied the proposed interference or increase in interference is necessary for a purpose mentioned in subsection (2) ; and
• (b) the proposed storage capacity is no greater than is necessary for the purpose of the proposed interference or increase in interference having regard to— (i) the impact the proposed interference or increase in interference may have on the following— (A) instream water levels; (B) the natural movement of sediment; (C) the bed and banks of a watercourse or lake; (D) riparian vegetation; (E) habitat for native plants and animals; (F) movement of fish and other aquatic species; (G) cultural and ecological values of the watercourse, waterhole, lake or spring; and (ii) for a purpose mentioned in subsection (2) (a) — (A) existing water supplies for the property to which the application relates, including existing weirs, groundwater and dams taking overland flow water; and (B) the availability of water at the proposed storage site; and
• (i) the impact the proposed interference or increase in interference may have on the following— (A) instream water levels; (B) the natural movement of sediment; (C) the bed and banks of a watercourse or lake; (D) riparian vegetation; (E) habitat for native plants and animals; (F) movement of fish and other aquatic species; (G) cultural and ecological values of the watercourse, waterhole, lake or spring; and
• (A) instream water levels;
• (B) the natural movement of sediment;
• (C) the bed and banks of a watercourse or lake;
• (D) riparian vegetation;
• (E) habitat for native plants and animals;
• (F) movement of fish and other aquatic species;
• (G) cultural and ecological values of the watercourse, waterhole, lake or spring; and
• (ii) for a purpose mentioned in subsection (2) (a) — (A) existing water supplies for the property to which the application relates, including existing weirs, groundwater and dams taking overland flow water; and (B) the availability of water at the proposed storage site; and
• (A) existing water supplies for the property to which the application relates, including existing weirs, groundwater and dams taking overland flow water; and
• (B) the availability of water at the proposed storage site; and
• (c) for a purpose mentioned in subsection (2) (e) — (i) the chief executive is satisfied that approving the application would not adversely impact other water users or the outcomes of the plan; and (ii) there is a demonstrated need for an increased reliability of the water supply.
• (i) the chief executive is satisfied that approving the application would not adversely impact other water users or the outcomes of the plan; and
• (ii) there is a demonstrated need for an increased reliability of the water supply.
• (i) the impact the proposed interference or increase in interference may have on the following— (A) instream water levels; (B) the natural movement of sediment; (C) the bed and banks of a watercourse or lake; (D) riparian vegetation; (E) habitat for native plants and animals; (F) movement of fish and other aquatic species; (G) cultural and ecological values of the watercourse, waterhole, lake or spring; and
• (A) instream water levels;
• (B) the natural movement of sediment;
• (C) the bed and banks of a watercourse or lake;
• (D) riparian vegetation;
• (E) habitat for native plants and animals;
• (F) movement of fish and other aquatic species;
• (G) cultural and ecological values of the watercourse, waterhole, lake or spring; and
• (ii) for a purpose mentioned in subsection (2) (a) — (A) existing water supplies for the property to which the application relates, including existing weirs, groundwater and dams taking overland flow water; and (B) the availability of water at the proposed storage site; and
• (A) existing water supplies for the property to which the application relates, including existing weirs, groundwater and dams taking overland flow water; and
• (B) the availability of water at the proposed storage site; and
• (A) instream water levels;
• (B) the natural movement of sediment;
• (C) the bed and banks of a watercourse or lake;
• (D) riparian vegetation;
• (E) habitat for native plants and animals;
• (F) movement of fish and other aquatic species;
• (G) cultural and ecological values of the watercourse, waterhole, lake or spring; and
• (A) existing water supplies for the property to which the application relates, including existing weirs, groundwater and dams taking overland flow water; and
• (B) the availability of water at the proposed storage site; and
• (i) the chief executive is satisfied that approving the application would not adversely impact other water users or the outcomes of the plan; and
• (ii) there is a demonstrated need for an increased reliability of the water supply.
• (a) for a purpose mentioned in subsection (2) (b) —10ML; or
• (b) for a purpose mentioned in subsection (2) (c) —250ML.

Strategies for supplemented surface water only

Section sec.44

s 44 om 2014 SL No. 142 s 119

Section sec.45

s 45 om 2014 SL No. 142 s 119

sec.46 Matters to be considered for infrastructure operating rules

In deciding the infrastructure operating rules to be included in the resource operations plan for water infrastructure for supplemented surface water, the chief executive must consider— the impact of the infrastructure’s operation on the following— instream water levels; bed and banks of watercourses; riparian vegetation; and the extent to which artificial variations in instream water levels and flows may adversely affect natural ecosystems; and the impact of the transfer of water between watercourses; and the likelihood of fish deaths caused by the operation of the infrastructure; and the matters mentioned in section 23 (1) (a) and (b) . Subsection (1) does not limit the matters the chief executive may consider. s 46 amd 2014 SL No. 142 s 120 (sec.46-ssec.1) In deciding the infrastructure operating rules to be included in the resource operations plan for water infrastructure for supplemented surface water, the chief executive must consider— the impact of the infrastructure’s operation on the following— instream water levels; bed and banks of watercourses; riparian vegetation; and the extent to which artificial variations in instream water levels and flows may adversely affect natural ecosystems; and the impact of the transfer of water between watercourses; and the likelihood of fish deaths caused by the operation of the infrastructure; and the matters mentioned in section 23 (1) (a) and (b) . (sec.46-ssec.2) Subsection (1) does not limit the matters the chief executive may consider.

• (a) the impact of the infrastructure’s operation on the following— (i) instream water levels; (ii) bed and banks of watercourses; (iii) riparian vegetation; and
• (i) instream water levels;
• (ii) bed and banks of watercourses;
• (iii) riparian vegetation; and
• (b) the extent to which artificial variations in instream water levels and flows may adversely affect natural ecosystems; and
• (c) the impact of the transfer of water between watercourses; and
• (d) the likelihood of fish deaths caused by the operation of the infrastructure; and
• (e) the matters mentioned in section 23 (1) (a) and (b) .
• (i) instream water levels;
• (ii) bed and banks of watercourses;
• (iii) riparian vegetation; and

Section sec.47

s 47 om 2014 SL No. 142 s 121

Section sec.48

s 48 om 2014 SL No. 142 s 122

Section sec.49

s 49 om 2014 SL No. 142 s 122

Section sec.50

s 50 om 2014 SL No. 142 s 122

Section sec.51

s 51 om 2014 SL No. 142 s 122

Section sec.52

s 52 om 2014 SL No. 142 s 122

Section sec.53

s 53 om 2014 SL No. 142 s 122

Section sec.54

s 54 om 2014 SL No. 142 s 122

Section sec.55

s 55 om 2014 SL No. 142 s 122

Strategies for unsupplemented surface water only

sec.56 Taking water for stock or domestic purposes

For section 20A (5) of the Act , an owner of land may take water, in any way, from a watercourse (other than a part of a watercourse used for distribution of water by a scheme licence holder), lake or spring in the plan area for stock or domestic purposes. Maps of the parts of watercourses used for distribution of water by a scheme licence holder (supplemented zones) are included in the resource operations plan (attachment 3) which is available on the department’s website. In this section— scheme licence holder means— the holder of a resource operations licence for the Julius Dam Water Supply Scheme; or the holder of a resource operations licence for the Moondarra Dam Water Supply Scheme; or the holder of a distribution operations licence for the Julius Dam and Moondarra Dam water supply schemes. s 56 prev s 56 om 2014 SL No. 142 s 122 pres s 56 ins 2015 SL No. 99 s 22 (sec.56-ssec.1) For section 20A (5) of the Act , an owner of land may take water, in any way, from a watercourse (other than a part of a watercourse used for distribution of water by a scheme licence holder), lake or spring in the plan area for stock or domestic purposes. Maps of the parts of watercourses used for distribution of water by a scheme licence holder (supplemented zones) are included in the resource operations plan (attachment 3) which is available on the department’s website. (sec.56-ssec.2) In this section— scheme licence holder means— the holder of a resource operations licence for the Julius Dam Water Supply Scheme; or the holder of a resource operations licence for the Moondarra Dam Water Supply Scheme; or the holder of a distribution operations licence for the Julius Dam and Moondarra Dam water supply schemes.

• (a) the holder of a resource operations licence for the Julius Dam Water Supply Scheme; or
• (b) the holder of a resource operations licence for the Moondarra Dam Water Supply Scheme; or
• (c) the holder of a distribution operations licence for the Julius Dam and Moondarra Dam water supply schemes.

sec.57 Restrictions on taking water from waterhole or lake

This section applies to the chief executive in making a decision about a water licence to take unsupplemented surface water from a waterhole or lake. The chief executive must— consider the impact the taking may have on the cultural or ecological values of the waterhole or lake; and impose a condition on the licence about maintaining the cultural or ecological values of the waterhole or lake. a condition that the water may be taken only if the water level in the waterhole or lake is above the level that is 0.5m below the level at which it naturally overflows However, the chief executive need not impose a condition mentioned in subsection (2) (b) if the chief executive is satisfied— the taking of water from the waterhole or lake will not adversely affect its cultural or ecological values; or for an existing water licence—the holder of the licence would suffer economic hardship if the condition were imposed. (sec.57-ssec.1) This section applies to the chief executive in making a decision about a water licence to take unsupplemented surface water from a waterhole or lake. (sec.57-ssec.2) The chief executive must— consider the impact the taking may have on the cultural or ecological values of the waterhole or lake; and impose a condition on the licence about maintaining the cultural or ecological values of the waterhole or lake. a condition that the water may be taken only if the water level in the waterhole or lake is above the level that is 0.5m below the level at which it naturally overflows (sec.57-ssec.3) However, the chief executive need not impose a condition mentioned in subsection (2) (b) if the chief executive is satisfied— the taking of water from the waterhole or lake will not adversely affect its cultural or ecological values; or for an existing water licence—the holder of the licence would suffer economic hardship if the condition were imposed.

• (a) consider the impact the taking may have on the cultural or ecological values of the waterhole or lake; and
• (b) impose a condition on the licence about maintaining the cultural or ecological values of the waterhole or lake. Example for paragraph (b) — a condition that the water may be taken only if the water level in the waterhole or lake is above the level that is 0.5m below the level at which it naturally overflows
• (a) the taking of water from the waterhole or lake will not adversely affect its cultural or ecological values; or
• (b) for an existing water licence—the holder of the licence would suffer economic hardship if the condition were imposed.

sec.58 Application of sdiv 2

This subdivision applies to groundwater declared to be water in a watercourse under section 8 ( declared water ).

sec.59 Existing water licences for declared water

This section applies to an existing water licence to take declared water. At the commencement of this plan, the licence is taken to be a water licence to take unsupplemented surface water. The chief executive must amend the licence to ensure it is consistent with the requirements, under subdivision 4 , applying to water licences to take unsupplemented surface water. (sec.59-ssec.1) This section applies to an existing water licence to take declared water. (sec.59-ssec.2) At the commencement of this plan, the licence is taken to be a water licence to take unsupplemented surface water. (sec.59-ssec.3) The chief executive must amend the licence to ensure it is consistent with the requirements, under subdivision 4 , applying to water licences to take unsupplemented surface water.

sec.60 Taking declared water using existing water bores authorised

This section applies to an owner of an existing water bore that takes declared water if the owner did not, before the commencement of this plan, require a water licence to take the water. The owner may continue to use the bore to take the declared water for 1 year after the commencement of this plan. Also, if the owner gives the chief executive notice, in the approved form, of the water bore and the taking of water using the bore, the owner may continue to use the bore to take the declared water— after the notice is given; and until the owner is granted a water licence under section 61 . Subsections (2) and (3) do not authorise the owner to take more than the relevant annual volumetric limit of declared water for the owner. In this section— relevant annual volumetric limit , of declared water for an owner of an existing water bore that takes declared water, means the annual volume of declared water the owner was taking before 17 October 2003. (sec.60-ssec.1) This section applies to an owner of an existing water bore that takes declared water if the owner did not, before the commencement of this plan, require a water licence to take the water. (sec.60-ssec.2) The owner may continue to use the bore to take the declared water for 1 year after the commencement of this plan. (sec.60-ssec.3) Also, if the owner gives the chief executive notice, in the approved form, of the water bore and the taking of water using the bore, the owner may continue to use the bore to take the declared water— after the notice is given; and until the owner is granted a water licence under section 61 . (sec.60-ssec.4) Subsections (2) and (3) do not authorise the owner to take more than the relevant annual volumetric limit of declared water for the owner. (sec.60-ssec.5) In this section— relevant annual volumetric limit , of declared water for an owner of an existing water bore that takes declared water, means the annual volume of declared water the owner was taking before 17 October 2003.

• (a) after the notice is given; and
• (b) until the owner is granted a water licence under section 61 .

sec.61 Granting water licences for authorities under s 60

The chief executive must, under section 212 of the Act , grant a water licence to take unsupplemented surface water to a person authorised under section 60 (3) to continue to take declared water. The licence must be consistent with subdivision 4 . However, despite section 74 , the annual volumetric limit for the licence must be the relevant annual volumetric limit of declared water for the owner under section 60 . (sec.61-ssec.1) The chief executive must, under section 212 of the Act , grant a water licence to take unsupplemented surface water to a person authorised under section 60 (3) to continue to take declared water. (sec.61-ssec.2) The licence must be consistent with subdivision 4 . (sec.61-ssec.3) However, despite section 74 , the annual volumetric limit for the licence must be the relevant annual volumetric limit of declared water for the owner under section 60 .

Section sec.62

s 62 om 2014 SL No. 142 s 123

Section sec.63

s 63 om 2014 SL No. 142 s 123

Section sec.64

s 64 om 2014 SL No. 142 s 123

Section sec.65

s 65 om 2014 SL No. 142 s 123

Section sec.66

s 66 om 2014 SL No. 142 s 123

Section sec.67

s 67 om 2014 SL No. 142 s 123

Section sec.68

s 68 om 2014 SL No. 142 s 123

sec.69 Application of sdiv 4

This subdivision applies to a water licence to take, or interfere with, unsupplemented surface water in a watercourse, lake or spring. s 69 amd 2014 SL No. 142 s 124

sec.70 Water licence to take unsupplemented surface water

A water licence to take unsupplemented surface water must state the following— the purpose for which water may be taken under the licence; the maximum rate at which water may be taken under the licence; the daily volumetric limit for the licence; the annual volumetric limit for the licence; if a condition, including, for example, a flow condition or a condition about storing water taken under the licence, applies to the licence—the condition.

• (a) the purpose for which water may be taken under the licence;
• (b) the maximum rate at which water may be taken under the licence;
• (c) the daily volumetric limit for the licence;
• (d) the annual volumetric limit for the licence;
• (e) if a condition, including, for example, a flow condition or a condition about storing water taken under the licence, applies to the licence—the condition.

sec.71 Purpose to be stated on water licence

The purpose stated on a water licence to take unsupplemented surface water must be— if the intended use for the water is, or the licence is an existing water licence and the purpose stated on the licence is, stock, domestic, irrigation, stock intensive, agriculture or a similar purpose—‘rural’; or otherwise—‘any’.

• (a) if the intended use for the water is, or the licence is an existing water licence and the purpose stated on the licence is, stock, domestic, irrigation, stock intensive, agriculture or a similar purpose—‘rural’; or
• (b) otherwise—‘any’.

sec.72 Maximum rates for taking unsupplemented surface water

The maximum rate at which unsupplemented surface water may be taken under a water licence is— for a licence that states a maximum rate—the stated rate; and for a licence, other than a licence mentioned in section 59 or granted under section 61 , that does not state a maximum rate but for which a related development permit for the licence— states a pump size mentioned in schedule 12 , column 1—the rate stated for the pump size in schedule 12 , column 2; or states a pump size other than a pump size mentioned in schedule 12 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule 12 , column 2; and for a licence other than a licence to which paragraph (a) or (b) applies—the rate decided by the chief executive having regard to— the nature of the licence; and an estimate or measurement of the rate at which water can be taken under the licence. However, for subsection (1) (b) , if the licence holder satisfies the chief executive that the maximum rate at which water can be taken is different from the rate decided under the subsection, the maximum rate at which unsupplemented surface water may be taken under the licence is the rate decided by the chief executive having regard to the following— the conditions under which the water may be taken; the water taking capacity of the pump to which the development permit relates (the existing pump ); the irrigation or water distribution system related to the existing pump during the period of not more than 10 years immediately before the commencement of this plan; the efficiency of the water use mentioned in paragraph (c) . (sec.72-ssec.1) The maximum rate at which unsupplemented surface water may be taken under a water licence is— for a licence that states a maximum rate—the stated rate; and for a licence, other than a licence mentioned in section 59 or granted under section 61 , that does not state a maximum rate but for which a related development permit for the licence— states a pump size mentioned in schedule 12 , column 1—the rate stated for the pump size in schedule 12 , column 2; or states a pump size other than a pump size mentioned in schedule 12 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule 12 , column 2; and for a licence other than a licence to which paragraph (a) or (b) applies—the rate decided by the chief executive having regard to— the nature of the licence; and an estimate or measurement of the rate at which water can be taken under the licence. (sec.72-ssec.2) However, for subsection (1) (b) , if the licence holder satisfies the chief executive that the maximum rate at which water can be taken is different from the rate decided under the subsection, the maximum rate at which unsupplemented surface water may be taken under the licence is the rate decided by the chief executive having regard to the following— the conditions under which the water may be taken; the water taking capacity of the pump to which the development permit relates (the existing pump ); the irrigation or water distribution system related to the existing pump during the period of not more than 10 years immediately before the commencement of this plan; the efficiency of the water use mentioned in paragraph (c) .

• (a) for a licence that states a maximum rate—the stated rate; and
• (b) for a licence, other than a licence mentioned in section 59 or granted under section 61 , that does not state a maximum rate but for which a related development permit for the licence— (i) states a pump size mentioned in schedule 12 , column 1—the rate stated for the pump size in schedule 12 , column 2; or (ii) states a pump size other than a pump size mentioned in schedule 12 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule 12 , column 2; and
• (i) states a pump size mentioned in schedule 12 , column 1—the rate stated for the pump size in schedule 12 , column 2; or
• (ii) states a pump size other than a pump size mentioned in schedule 12 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule 12 , column 2; and
• (c) for a licence other than a licence to which paragraph (a) or (b) applies—the rate decided by the chief executive having regard to— (i) the nature of the licence; and (ii) an estimate or measurement of the rate at which water can be taken under the licence.
• (i) the nature of the licence; and
• (ii) an estimate or measurement of the rate at which water can be taken under the licence.
• (i) states a pump size mentioned in schedule 12 , column 1—the rate stated for the pump size in schedule 12 , column 2; or
• (ii) states a pump size other than a pump size mentioned in schedule 12 , column 1—the rate decided by the chief executive having regard to the rates stated for similar pump sizes in schedule 12 , column 2; and
• (i) the nature of the licence; and
• (ii) an estimate or measurement of the rate at which water can be taken under the licence.
• (a) the conditions under which the water may be taken;
• (b) the water taking capacity of the pump to which the development permit relates (the existing pump );
• (c) the irrigation or water distribution system related to the existing pump during the period of not more than 10 years immediately before the commencement of this plan;
• (d) the efficiency of the water use mentioned in paragraph (c) .

sec.73 Daily volumetric limit for taking unsupplemented surface water

The daily volumetric limit for a water licence to take unsupplemented surface water is— for a licence that states a daily volumetric limit—the stated volume; and for a licence, other than a licence mentioned in section 59 or granted under section 61 , that does not state a daily volumetric limit but for which a related development permit for the licence— states a pump size mentioned in schedule 12 , column 1—the daily volumetric limit stated in schedule 12 , column 3, for the pump size; or states a pump size other than a pump size mentioned in schedule 12 , column 1—the daily volumetric limit decided by the chief executive having regard to the daily volumetric limits stated for similar pump sizes in schedule 12 , column 3; and for a licence other than a licence to which paragraph (a) or (b) applies—the daily volumetric limit decided by the chief executive having regard to— the nature of the licence; and an estimate or measurement of the rate at which water can be taken under the licence. However, for subsection (1) (b) , if the licence holder satisfies the chief executive that the water taking capacity of the pump is different from the daily volumetric limit decided under the subsection, the daily volumetric limit for the licence is the daily volumetric limit decided by the chief executive having regard to the following— the conditions under which the water may be taken; the water taking capacity of the pump to which the development permit relates (the existing pump ) under normal operating conditions; the irrigation or water distribution system related to the existing pump during the period of not more than 10 years immediately before the commencement of this plan; the efficiency of the water use mentioned in paragraph (c) . The chief executive must ensure the daily volumetric limit for a water licence to take unsupplemented surface water is not more than the total volume that could be taken in a day at the maximum rate decided, for the licence, under section 72 . (sec.73-ssec.1) The daily volumetric limit for a water licence to take unsupplemented surface water is— for a licence that states a daily volumetric limit—the stated volume; and for a licence, other than a licence mentioned in section 59 or granted under section 61 , that does not state a daily volumetric limit but for which a related development permit for the licence— states a pump size mentioned in schedule 12 , column 1—the daily volumetric limit stated in schedule 12 , column 3, for the pump size; or states a pump size other than a pump size mentioned in schedule 12 , column 1—the daily volumetric limit decided by the chief executive having regard to the daily volumetric limits stated for similar pump sizes in schedule 12 , column 3; and for a licence other than a licence to which paragraph (a) or (b) applies—the daily volumetric limit decided by the chief executive having regard to— the nature of the licence; and an estimate or measurement of the rate at which water can be taken under the licence. (sec.73-ssec.2) However, for subsection (1) (b) , if the licence holder satisfies the chief executive that the water taking capacity of the pump is different from the daily volumetric limit decided under the subsection, the daily volumetric limit for the licence is the daily volumetric limit decided by the chief executive having regard to the following— the conditions under which the water may be taken; the water taking capacity of the pump to which the development permit relates (the existing pump ) under normal operating conditions; the irrigation or water distribution system related to the existing pump during the period of not more than 10 years immediately before the commencement of this plan; the efficiency of the water use mentioned in paragraph (c) . (sec.73-ssec.3) The chief executive must ensure the daily volumetric limit for a water licence to take unsupplemented surface water is not more than the total volume that could be taken in a day at the maximum rate decided, for the licence, under section 72 .

• (a) for a licence that states a daily volumetric limit—the stated volume; and
• (b) for a licence, other than a licence mentioned in section 59 or granted under section 61 , that does not state a daily volumetric limit but for which a related development permit for the licence— (i) states a pump size mentioned in schedule 12 , column 1—the daily volumetric limit stated in schedule 12 , column 3, for the pump size; or (ii) states a pump size other than a pump size mentioned in schedule 12 , column 1—the daily volumetric limit decided by the chief executive having regard to the daily volumetric limits stated for similar pump sizes in schedule 12 , column 3; and
• (i) states a pump size mentioned in schedule 12 , column 1—the daily volumetric limit stated in schedule 12 , column 3, for the pump size; or
• (ii) states a pump size other than a pump size mentioned in schedule 12 , column 1—the daily volumetric limit decided by the chief executive having regard to the daily volumetric limits stated for similar pump sizes in schedule 12 , column 3; and
• (c) for a licence other than a licence to which paragraph (a) or (b) applies—the daily volumetric limit decided by the chief executive having regard to— (i) the nature of the licence; and (ii) an estimate or measurement of the rate at which water can be taken under the licence.
• (i) the nature of the licence; and
• (ii) an estimate or measurement of the rate at which water can be taken under the licence.
• (i) states a pump size mentioned in schedule 12 , column 1—the daily volumetric limit stated in schedule 12 , column 3, for the pump size; or
• (ii) states a pump size other than a pump size mentioned in schedule 12 , column 1—the daily volumetric limit decided by the chief executive having regard to the daily volumetric limits stated for similar pump sizes in schedule 12 , column 3; and
• (i) the nature of the licence; and
• (ii) an estimate or measurement of the rate at which water can be taken under the licence.
• (a) the conditions under which the water may be taken;
• (b) the water taking capacity of the pump to which the development permit relates (the existing pump ) under normal operating conditions;
• (c) the irrigation or water distribution system related to the existing pump during the period of not more than 10 years immediately before the commencement of this plan;
• (d) the efficiency of the water use mentioned in paragraph (c) .

sec.74 Annual volumetric limit for taking unsupplemented surface water

The annual volumetric limit for a water licence to take unsupplemented surface water is— for a licence that states the volume of water that may be taken in a period of 12 months—the stated volume; and for a licence that states the area that may be irrigated under the licence—the volume decided by the chief executive having regard to the volume of water required for the licence’s intended purpose but not more than the volume, expressed in megalitres, calculated by multiplying the area, in hectares, by 12; and for a licence other than a licence to which paragraph (a) or (b) applies—the volume decided by the chief executive having regard to the following— the conditions under which water may be taken under the licence; the water taking capacity of any works for taking water under the licence; the volume of water required for the licence’s intended purpose; the annual volumes of water estimated by the chief executive to have been taken under the licence during the period, of not more than 10 years, immediately before the commencement of this plan; the efficiency of the use of the water mentioned in subparagraph (iv) .

• (a) for a licence that states the volume of water that may be taken in a period of 12 months—the stated volume; and
• (b) for a licence that states the area that may be irrigated under the licence—the volume decided by the chief executive having regard to the volume of water required for the licence’s intended purpose but not more than the volume, expressed in megalitres, calculated by multiplying the area, in hectares, by 12; and
• (c) for a licence other than a licence to which paragraph (a) or (b) applies—the volume decided by the chief executive having regard to the following— (i) the conditions under which water may be taken under the licence; (ii) the water taking capacity of any works for taking water under the licence; (iii) the volume of water required for the licence’s intended purpose; (iv) the annual volumes of water estimated by the chief executive to have been taken under the licence during the period, of not more than 10 years, immediately before the commencement of this plan; (v) the efficiency of the use of the water mentioned in subparagraph (iv) .
• (i) the conditions under which water may be taken under the licence;
• (ii) the water taking capacity of any works for taking water under the licence;
• (iii) the volume of water required for the licence’s intended purpose;
• (iv) the annual volumes of water estimated by the chief executive to have been taken under the licence during the period, of not more than 10 years, immediately before the commencement of this plan;
• (v) the efficiency of the use of the water mentioned in subparagraph (iv) .
• (i) the conditions under which water may be taken under the licence;
• (ii) the water taking capacity of any works for taking water under the licence;
• (iii) the volume of water required for the licence’s intended purpose;
• (iv) the annual volumes of water estimated by the chief executive to have been taken under the licence during the period, of not more than 10 years, immediately before the commencement of this plan;
• (v) the efficiency of the use of the water mentioned in subparagraph (iv) .

sec.75 Conditions for taking unsupplemented surface water

The chief executive may impose on a water licence to take unsupplemented surface water any condition the chief executive is satisfied is necessary to ensure the purposes and outcomes of this plan are achieved. In deciding the flow conditions under which water may be taken under an existing water licence to take unsupplemented surface water, the chief executive must have regard to the conditions already applying to the licence. (sec.75-ssec.1) The chief executive may impose on a water licence to take unsupplemented surface water any condition the chief executive is satisfied is necessary to ensure the purposes and outcomes of this plan are achieved. (sec.75-ssec.2) In deciding the flow conditions under which water may be taken under an existing water licence to take unsupplemented surface water, the chief executive must have regard to the conditions already applying to the licence.

sec.76 Storing unsupplemented water taken under a water licence

Without limiting section 75 (1) , the chief executive may impose, on a water licence to take unsupplemented water, a condition that states the works that may be used to store the water taken under the licence. In deciding whether to impose the condition mentioned in subsection (1) , the chief executive must have regard to the capacity of any existing overland flow works being used to store the water. (sec.76-ssec.1) Without limiting section 75 (1) , the chief executive may impose, on a water licence to take unsupplemented water, a condition that states the works that may be used to store the water taken under the licence. (sec.76-ssec.2) In deciding whether to impose the condition mentioned in subsection (1) , the chief executive must have regard to the capacity of any existing overland flow works being used to store the water.

sec.77 Conditions giving effect to rules

Subsection (2) applies to any environmental management rules, infrastructure operating rules or water sharing rules included in the resource operations plan. The chief executive must— amend water licences in existence at the commencement of the resource operations plan to impose conditions giving effect to the rules; and impose conditions giving effect to the rules on water licences granted after the commencement. (sec.77-ssec.1) Subsection (2) applies to any environmental management rules, infrastructure operating rules or water sharing rules included in the resource operations plan. (sec.77-ssec.2) The chief executive must— amend water licences in existence at the commencement of the resource operations plan to impose conditions giving effect to the rules; and impose conditions giving effect to the rules on water licences granted after the commencement.

• (a) amend water licences in existence at the commencement of the resource operations plan to impose conditions giving effect to the rules; and
• (b) impose conditions giving effect to the rules on water licences granted after the commencement.

sec.78 Limitation on taking overland flow water— Act , s 20 (2)

A person may not take overland flow water other than— for stock or domestic purposes; or for any purpose using works that allow the taking of overland flow water and have a capacity of not more than 250ML; or under a water licence; or overland flow water of not more than the amount necessary to satisfy the requirements of— an environmental authority issued under the Environmental Protection Act 1994 ; or a development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 ; or overland flow water that is contaminated agricultural run-off water; or under an authority under section 79 . In this section— contaminated agricultural run-off water has the meaning given by the ‘Code for Assessable Development for Operational Works for Taking Overland Flow Water’. A copy of the code is available on the department’s website. s 78 amd 2013 Act No. 23 s 352 sch 1 pt 2 (sec.78-ssec.1) A person may not take overland flow water other than— for stock or domestic purposes; or for any purpose using works that allow the taking of overland flow water and have a capacity of not more than 250ML; or under a water licence; or overland flow water of not more than the amount necessary to satisfy the requirements of— an environmental authority issued under the Environmental Protection Act 1994 ; or a development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 ; or overland flow water that is contaminated agricultural run-off water; or under an authority under section 79 . (sec.78-ssec.2) In this section— contaminated agricultural run-off water has the meaning given by the ‘Code for Assessable Development for Operational Works for Taking Overland Flow Water’. A copy of the code is available on the department’s website.

• (a) for stock or domestic purposes; or
• (b) for any purpose using works that allow the taking of overland flow water and have a capacity of not more than 250ML; or
• (c) under a water licence; or
• (d) overland flow water of not more than the amount necessary to satisfy the requirements of— (i) an environmental authority issued under the Environmental Protection Act 1994 ; or (ii) a development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 ; or
• (i) an environmental authority issued under the Environmental Protection Act 1994 ; or
• (ii) a development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 ; or
• (e) overland flow water that is contaminated agricultural run-off water; or
• (f) under an authority under section 79 .
• (i) an environmental authority issued under the Environmental Protection Act 1994 ; or
• (ii) a development permit for carrying out an environmentally relevant activity, other than a mining or petroleum activity, under the Environmental Protection Act 1994 ; or

sec.79 Taking water using particular existing overland flow works authorised

This section applies to the owner of land on which existing overland flow works are situated, other than works for taking only the overland flow water that may be taken under section 78 (1) (a) to (e) . The owner may continue to use the existing overland flow works to take overland flow water for 1 year after the commencement of this plan. Also, if the owner gives the chief executive notice of the existing overland flow works, in the approved form, and any further information reasonably required by the chief executive about the works, the owner may continue to use the works to take overland flow— after the notice and information are given; and until the owner is granted a water licence under the Act . In this section— existing overland flow works includes works that— are a reconfiguration of existing overland flow works (the original works ); and do not increase the average annual volume of water taken above the average annual volume taken using the original works. (sec.79-ssec.1) This section applies to the owner of land on which existing overland flow works are situated, other than works for taking only the overland flow water that may be taken under section 78 (1) (a) to (e) . (sec.79-ssec.2) The owner may continue to use the existing overland flow works to take overland flow water for 1 year after the commencement of this plan. (sec.79-ssec.3) Also, if the owner gives the chief executive notice of the existing overland flow works, in the approved form, and any further information reasonably required by the chief executive about the works, the owner may continue to use the works to take overland flow— after the notice and information are given; and until the owner is granted a water licence under the Act . (sec.79-ssec.4) In this section— existing overland flow works includes works that— are a reconfiguration of existing overland flow works (the original works ); and do not increase the average annual volume of water taken above the average annual volume taken using the original works.

• (a) after the notice and information are given; and
• (b) until the owner is granted a water licence under the Act .
• (a) are a reconfiguration of existing overland flow works (the original works ); and
• (b) do not increase the average annual volume of water taken above the average annual volume taken using the original works.

sec.80 Granting or amending water licences under the resource operations plan

This section applies if the resource operations plan states a process for— granting, under section 212 of the Act , a water licence to replace an authority under section 79 (3) for existing overland flow works; or amending a water licence mentioned in paragraph (a) . In following the process and granting or amending a water licence, the chief executive— must consider— the average annual volume of overland flow water that could have been taken, immediately before the commencement of this plan, using the existing overland flow works to which the authority relates; and the annual volumes of overland flow water estimated by the chief executive to have been taken by the works during the period, of not more than 10 years, immediately before the commencement; and may consider the extent to which the works, immediately before the commencement, allowed— the taking of other water under another authorisation; or the storage of other water taken under another authorisation. Subsection (2) does not limit the matters the chief executive may consider. The process must provide that the chief executive may require the authority or licence holder to give the chief executive a certificate, from a registered professional engineer, stating information about the works, including the capacity of the works and the rate at which the works may take water. (sec.80-ssec.1) This section applies if the resource operations plan states a process for— granting, under section 212 of the Act , a water licence to replace an authority under section 79 (3) for existing overland flow works; or amending a water licence mentioned in paragraph (a) . (sec.80-ssec.2) In following the process and granting or amending a water licence, the chief executive— must consider— the average annual volume of overland flow water that could have been taken, immediately before the commencement of this plan, using the existing overland flow works to which the authority relates; and the annual volumes of overland flow water estimated by the chief executive to have been taken by the works during the period, of not more than 10 years, immediately before the commencement; and may consider the extent to which the works, immediately before the commencement, allowed— the taking of other water under another authorisation; or the storage of other water taken under another authorisation. (sec.80-ssec.3) Subsection (2) does not limit the matters the chief executive may consider. (sec.80-ssec.4) The process must provide that the chief executive may require the authority or licence holder to give the chief executive a certificate, from a registered professional engineer, stating information about the works, including the capacity of the works and the rate at which the works may take water.

• (a) granting, under section 212 of the Act , a water licence to replace an authority under section 79 (3) for existing overland flow works; or
• (b) amending a water licence mentioned in paragraph (a) .
• (a) must consider— (i) the average annual volume of overland flow water that could have been taken, immediately before the commencement of this plan, using the existing overland flow works to which the authority relates; and (ii) the annual volumes of overland flow water estimated by the chief executive to have been taken by the works during the period, of not more than 10 years, immediately before the commencement; and
• (i) the average annual volume of overland flow water that could have been taken, immediately before the commencement of this plan, using the existing overland flow works to which the authority relates; and
• (ii) the annual volumes of overland flow water estimated by the chief executive to have been taken by the works during the period, of not more than 10 years, immediately before the commencement; and
• (b) may consider the extent to which the works, immediately before the commencement, allowed— (i) the taking of other water under another authorisation; or (ii) the storage of other water taken under another authorisation.
• (i) the taking of other water under another authorisation; or
• (ii) the storage of other water taken under another authorisation.
• (i) the average annual volume of overland flow water that could have been taken, immediately before the commencement of this plan, using the existing overland flow works to which the authority relates; and
• (ii) the annual volumes of overland flow water estimated by the chief executive to have been taken by the works during the period, of not more than 10 years, immediately before the commencement; and
• (i) the taking of other water under another authorisation; or
• (ii) the storage of other water taken under another authorisation.

Section sec.81

s 81 amd 2009 SL No. 280 s 180 ; 2011 Act No. 40 s 107 sch om 2016 SL No. 216 s 146 sch 20

Additional strategies for groundwater

Preliminary

sec.82 Application of pt 3

The strategies stated in this part apply to groundwater in addition to the strategies stated in part 1 .

Section sec.83

s 83 amd 2009 SL No. 280 s 181 ; 2011 Act No. 40 s 107 sch ; 2014 Act No. 29 s 152 ; 2015 SL No. 99 s 23 om 2016 SL No. 216 s 146 sch 20

Strategies for Nicholson and Einasleigh groundwater management areas

sec.84 Limitation on taking or interfering with water— Act , s 20 (2)

In the Nicholson groundwater management area and the Einasleigh groundwater management area, a person may not take or interfere with groundwater other than— for stock or domestic purposes; or for monitoring the quality of the water or controlling the salinity of the water; or under a water licence or water permit. s 84 amd 2013 Act No. 23 s 352 sch 1 pt 2

• (a) for stock or domestic purposes; or
• (b) for monitoring the quality of the water or controlling the salinity of the water; or
• (c) under a water licence or water permit.

sec.85 Water licence to take groundwater

A water licence to take groundwater in the Nicholson groundwater management area or the Einasleigh groundwater management area must state— the purpose for which the water may be taken under the licence; and the annual volumetric limit for the licence. Despite subsection (1) (b) , a water licence to take groundwater for dewatering may, but need not, state an annual volumetric limit. (sec.85-ssec.1) A water licence to take groundwater in the Nicholson groundwater management area or the Einasleigh groundwater management area must state— the purpose for which the water may be taken under the licence; and the annual volumetric limit for the licence. (sec.85-ssec.2) Despite subsection (1) (b) , a water licence to take groundwater for dewatering may, but need not, state an annual volumetric limit.

• (a) the purpose for which the water may be taken under the licence; and
• (b) the annual volumetric limit for the licence.

sec.86 Purpose to be stated on water licence

The purpose stated on a water licence to take groundwater in the Nicholson groundwater management area or the Einasleigh groundwater management area must be— if the intended use for the water is, or the licence is an existing water licence and the purpose stated on the licence is, stock, domestic, irrigation, stock intensive, agriculture or a similar purpose—‘rural’; or if the intended use for the water is, or the licence is an existing water licence and the purpose stated on the licence is, dewatering or a similar purpose—‘dewatering’; or otherwise—‘any’.

• (a) if the intended use for the water is, or the licence is an existing water licence and the purpose stated on the licence is, stock, domestic, irrigation, stock intensive, agriculture or a similar purpose—‘rural’; or
• (b) if the intended use for the water is, or the licence is an existing water licence and the purpose stated on the licence is, dewatering or a similar purpose—‘dewatering’; or
• (c) otherwise—‘any’.

sec.87 Amendment of water licences to state annual volumetric limit

This section applies to an existing water licence to take groundwater in the Nicholson groundwater management area or the Einasleigh groundwater management area that does not state the maximum annual volume of water that may be taken under the licence. The chief executive may, under section 217 of the Act , amend the licence to state an annual volumetric limit. In deciding the annual volumetric limit, the chief executive must have regard to the following— the conditions of the licence; the efficiency of the current use of water having regard to industry best practice in efficient water use; the impact the taking is having on— the flow of water to watercourses or springs; and groundwater levels; the annual volume of water estimated by the chief executive to have been taken under the licence immediately before 17 October 2003; the impact the taking is having on water entitlements and other authorities to take or interfere with water; the availability of an alternative water supply for the purpose for which the water is being taken; the total annual volumetric limits for water licences in the area; if the holder of the licence has undertaken a pumping test for the existing bore or bores to which the licence relates—the results of the test. (sec.87-ssec.1) This section applies to an existing water licence to take groundwater in the Nicholson groundwater management area or the Einasleigh groundwater management area that does not state the maximum annual volume of water that may be taken under the licence. (sec.87-ssec.2) The chief executive may, under section 217 of the Act , amend the licence to state an annual volumetric limit. (sec.87-ssec.3) In deciding the annual volumetric limit, the chief executive must have regard to the following— the conditions of the licence; the efficiency of the current use of water having regard to industry best practice in efficient water use; the impact the taking is having on— the flow of water to watercourses or springs; and groundwater levels; the annual volume of water estimated by the chief executive to have been taken under the licence immediately before 17 October 2003; the impact the taking is having on water entitlements and other authorities to take or interfere with water; the availability of an alternative water supply for the purpose for which the water is being taken; the total annual volumetric limits for water licences in the area; if the holder of the licence has undertaken a pumping test for the existing bore or bores to which the licence relates—the results of the test.

• (a) the conditions of the licence;
• (b) the efficiency of the current use of water having regard to industry best practice in efficient water use;
• (c) the impact the taking is having on— (i) the flow of water to watercourses or springs; and (ii) groundwater levels;
• (i) the flow of water to watercourses or springs; and
• (ii) groundwater levels;
• (d) the annual volume of water estimated by the chief executive to have been taken under the licence immediately before 17 October 2003;
• (e) the impact the taking is having on water entitlements and other authorities to take or interfere with water;
• (f) the availability of an alternative water supply for the purpose for which the water is being taken;
• (g) the total annual volumetric limits for water licences in the area;
• (h) if the holder of the licence has undertaken a pumping test for the existing bore or bores to which the licence relates—the results of the test.
• (i) the flow of water to watercourses or springs; and
• (ii) groundwater levels;

sec.88 Conditions for taking groundwater

This section applies to a water licence to take groundwater in the Nicholson groundwater management area or the Einasleigh groundwater management area granted after the commencement of this plan. The chief executive may impose conditions on the licence requiring the holder of the licence— to provide and maintain access to alternative water supplies for other persons, authorised under the Act to take water, who would be significantly adversely affected by the granting of the licence; and to carry out and report on a stated activity for monitoring the impact of taking groundwater under the licence. (sec.88-ssec.1) This section applies to a water licence to take groundwater in the Nicholson groundwater management area or the Einasleigh groundwater management area granted after the commencement of this plan. (sec.88-ssec.2) The chief executive may impose conditions on the licence requiring the holder of the licence— to provide and maintain access to alternative water supplies for other persons, authorised under the Act to take water, who would be significantly adversely affected by the granting of the licence; and to carry out and report on a stated activity for monitoring the impact of taking groundwater under the licence.

• (a) to provide and maintain access to alternative water supplies for other persons, authorised under the Act to take water, who would be significantly adversely affected by the granting of the licence; and
• (b) to carry out and report on a stated activity for monitoring the impact of taking groundwater under the licence.

sec.89 Taking water using existing water bores authorised

The owner of an existing water bore in the Einasleigh groundwater management area may continue to use the bore to take groundwater for 1 year after the commencement of this plan. Also, if the owner gives the chief executive notice, in the approved form, of the water bore and the taking of water using the bore, the owner may continue to use the bore to take groundwater— after the notice is given; and until the owner is granted a water licence under section 90 . Subsections (1) and (2) do not authorise the owner to take more than the relevant annual volumetric limit of groundwater for the owner. In this section— relevant annual volumetric limit , of groundwater for an owner of an existing water bore in the Einasleigh groundwater management area, means the annual volume of groundwater the owner was taking in the Einasleigh groundwater management area before 17 October 2003. (sec.89-ssec.1) The owner of an existing water bore in the Einasleigh groundwater management area may continue to use the bore to take groundwater for 1 year after the commencement of this plan. (sec.89-ssec.2) Also, if the owner gives the chief executive notice, in the approved form, of the water bore and the taking of water using the bore, the owner may continue to use the bore to take groundwater— after the notice is given; and until the owner is granted a water licence under section 90 . (sec.89-ssec.3) Subsections (1) and (2) do not authorise the owner to take more than the relevant annual volumetric limit of groundwater for the owner. (sec.89-ssec.4) In this section— relevant annual volumetric limit , of groundwater for an owner of an existing water bore in the Einasleigh groundwater management area, means the annual volume of groundwater the owner was taking in the Einasleigh groundwater management area before 17 October 2003.

• (a) after the notice is given; and
• (b) until the owner is granted a water licence under section 90 .

sec.90 Granting water licences for authorities under s 89

The chief executive must, under section 212 of the Act , grant a water licence to a person authorised under section 89 (2) to continue taking groundwater. The licence must be consistent with this division. (sec.90-ssec.1) The chief executive must, under section 212 of the Act , grant a water licence to a person authorised under section 89 (2) to continue taking groundwater. (sec.90-ssec.2) The licence must be consistent with this division.

Low flow objectives

Section sch.5-sec

At node 1— the number of periods of no flow of more than 1 month but less than 6 months in the simulation period be not more than 150; and the number of periods of no flow of 6 months or more in the simulation period be not more than 80; and the number of days on which the daily flow equals or exceeds the median non-zero daily flow, expressed as a percentage of the number of days on which the daily flow for the pre-development flow pattern equals or exceeds the median non-zero daily flow, in the simulation period be at least 50%. At node 6, the proportion of no flow days in the simulation period be no more than 28%. At node 7, the proportion of no flow days in the simulation period be no more than 70%. (sch.5-sec-ssec.1) At node 1— the number of periods of no flow of more than 1 month but less than 6 months in the simulation period be not more than 150; and the number of periods of no flow of 6 months or more in the simulation period be not more than 80; and the number of days on which the daily flow equals or exceeds the median non-zero daily flow, expressed as a percentage of the number of days on which the daily flow for the pre-development flow pattern equals or exceeds the median non-zero daily flow, in the simulation period be at least 50%. (sch.5-sec-ssec.2) At node 6, the proportion of no flow days in the simulation period be no more than 28%. (sch.5-sec-ssec.3) At node 7, the proportion of no flow days in the simulation period be no more than 70%.

• (a) the number of periods of no flow of more than 1 month but less than 6 months in the simulation period be not more than 150; and
• (b) the number of periods of no flow of 6 months or more in the simulation period be not more than 80; and
• (c) the number of days on which the daily flow equals or exceeds the median non-zero daily flow, expressed as a percentage of the number of days on which the daily flow for the pre-development flow pattern equals or exceeds the median non-zero daily flow, in the simulation period be at least 50%.

Medium to high flow objectives

sch.5-sec-oc.2 Table 2

At each node mentioned in table 2, column 1— the mean annual flow in the simulation period, expressed as a percentage of the mean annual flow for the pre-development flow pattern in the simulation period, be at least the percentage stated for the node in column 2 of the table; and the median annual flow ratio in the simulation period, expressed as a percentage of the median annual flow for the pre-development flow pattern in the simulation period, be at least the percentage stated for the node in column 3 of the table; and the 10% daily flow be equalled or exceeded on at least the number of days in the simulation period, expressed as a percentage, stated for the node in column 4 of the table; and the 1.5 year daily flow volume in the simulation period, expressed as a percentage of the 1.5 year daily flow volume for the pre-development flow pattern in the simulation period, be at least the percentage stated for the node in column 5 of the table; and the 5 year daily flow volume in the simulation period, expressed as a percentage of the 5 year daily flow volume for the pre-development flow pattern in the simulation period, be at least the percentage stated for the node in column 6 of the table; and the 20 year daily flow volume in the simulation period, expressed as a percentage of the 20 year daily flow volume for the pre-development flow pattern in the simulation period, be at least the percentage stated for the node in column 7 of the table. Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Column 7 Node Mean annual flow Median annual flow 10% daily flow 1.5 year daily flow volume 5 year daily flow volume 20 year daily flow volume 1 63% 37% 5% 37% 70% 72% 6 93% 89.5% – 93% 97% 98% 7 90% 78% – 90% 96.5% 98% (sch.5-sec-oc.2-ssec.1) At each node mentioned in table 2, column 1— the mean annual flow in the simulation period, expressed as a percentage of the mean annual flow for the pre-development flow pattern in the simulation period, be at least the percentage stated for the node in column 2 of the table; and the median annual flow ratio in the simulation period, expressed as a percentage of the median annual flow for the pre-development flow pattern in the simulation period, be at least the percentage stated for the node in column 3 of the table; and the 10% daily flow be equalled or exceeded on at least the number of days in the simulation period, expressed as a percentage, stated for the node in column 4 of the table; and the 1.5 year daily flow volume in the simulation period, expressed as a percentage of the 1.5 year daily flow volume for the pre-development flow pattern in the simulation period, be at least the percentage stated for the node in column 5 of the table; and the 5 year daily flow volume in the simulation period, expressed as a percentage of the 5 year daily flow volume for the pre-development flow pattern in the simulation period, be at least the percentage stated for the node in column 6 of the table; and the 20 year daily flow volume in the simulation period, expressed as a percentage of the 20 year daily flow volume for the pre-development flow pattern in the simulation period, be at least the percentage stated for the node in column 7 of the table. Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Column 7 Node Mean annual flow Median annual flow 10% daily flow 1.5 year daily flow volume 5 year daily flow volume 20 year daily flow volume 1 63% 37% 5% 37% 70% 72% 6 93% 89.5% – 93% 97% 98% 7 90% 78% – 90% 96.5% 98%

• (a) the mean annual flow in the simulation period, expressed as a percentage of the mean annual flow for the pre-development flow pattern in the simulation period, be at least the percentage stated for the node in column 2 of the table; and
• (b) the median annual flow ratio in the simulation period, expressed as a percentage of the median annual flow for the pre-development flow pattern in the simulation period, be at least the percentage stated for the node in column 3 of the table; and
• (c) the 10% daily flow be equalled or exceeded on at least the number of days in the simulation period, expressed as a percentage, stated for the node in column 4 of the table; and
• (d) the 1.5 year daily flow volume in the simulation period, expressed as a percentage of the 1.5 year daily flow volume for the pre-development flow pattern in the simulation period, be at least the percentage stated for the node in column 5 of the table; and
• (e) the 5 year daily flow volume in the simulation period, expressed as a percentage of the 5 year daily flow volume for the pre-development flow pattern in the simulation period, be at least the percentage stated for the node in column 6 of the table; and
• (f) the 20 year daily flow volume in the simulation period, expressed as a percentage of the 20 year daily flow volume for the pre-development flow pattern in the simulation period, be at least the percentage stated for the node in column 7 of the table.

Wet season flow objectives

Section sch.5-sec-oc.3

At each node mentioned in table 3, column 1, the median wet season flow in the simulation period, expressed as a percentage of the median wet season flow for the pre-development flow pattern in the simulation period, be at least the percentage stated for the node in column 2 of the table. Column 1 Column 2 Node Median wet season flow 6 90% 7 75% (sch.5-sec-oc.3-ssec.1) At each node mentioned in table 3, column 1, the median wet season flow in the simulation period, expressed as a percentage of the median wet season flow for the pre-development flow pattern in the simulation period, be at least the percentage stated for the node in column 2 of the table. Column 1 Column 2 Node Median wet season flow 6 90% 7 75%

Water from Lake Mary Kathleen

Water for State purpose